Ohio § 2925.041

§ 2925.041.

(A) No person shall knowingly assemble or possess one or more chemicals that may be used

to manufacture a controlled substance in schedule I or II with the intent to manufacture

a controlled substance in schedule I or II in violation of section 2925.04 of the Revised Code . (B) In a prosecution under this section, it is not necessary to allege or prove that

the offender assembled or possessed all chemicals necessary to manufacture a controlled

substance in schedule I or II.  The assembly or possession of a single chemical that may be used in the manufacture

of a controlled substance in schedule I or II, with the intent to manufacture a controlled

substance in either schedule, is sufficient to violate this section. (C) Whoever violates this section is guilty of illegal assembly or possession of chemicals

for the manufacture of drugs.  Except as otherwise provided in this division, illegal assembly or possession of

chemicals for the manufacture of drugs is a felony of the third degree, and, except

as otherwise provided in division (C)(1) or (2) of this section, division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.  If the offense was committed in the vicinity of a juvenile or in the vicinity of

a school, illegal assembly or possession of chemicals for the manufacture of drugs

is a felony of the second degree, and, except as otherwise provided in division (C)(1)

or (2) of this section, division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.  If the violation of division (A) of this section is a felony of the third degree

under this division and if the chemical or chemicals assembled or possessed in violation

of division (A) of this section may be used to manufacture methamphetamine, there

either is a presumption for a prison term for the offense or the court shall impose

a mandatory prison term on the offender, determined as follows: (1) Except as otherwise provided in this division, there is a presumption for a prison

term for the offense.  If the offender two or more times previously has been convicted of or pleaded guilty

to a felony drug abuse offense, except as otherwise provided in this division, the

court shall impose as a mandatory prison term one of the prison terms prescribed for

a felony of the third degree that is not less than two years.  If the offender two or more times previously has been convicted of or pleaded guilty

to a felony drug abuse offense and if at least one of those previous convictions or

guilty pleas was to a violation of division (A) of this section, a violation of division (B)(6) of section 2919.22 of the Revised Code , or a violation of division (A) of section 2925.04 of the Revised Code , the court shall impose as a mandatory prison term one of the prison terms prescribed

for a felony of the third degree that is not less than five years. (2) If the violation of division (A) of this section is a felony of the second degree

under division (C) of this section and the chemical or chemicals assembled or possessed

in committing the violation may be used to manufacture methamphetamine, the court

shall impose as a mandatory prison term a second degree felony mandatory prison term

that is not less than three years.  If the violation of division (A) of this section is a felony of the second degree

under division (C) of this section, if the chemical or chemicals assembled or possessed

in committing the violation may be used to manufacture methamphetamine, and if the

offender previously has been convicted of or pleaded guilty to a violation of division

(A) of this section, a violation of division (B)(6) of section 2919.22 of the Revised Code , or a violation of division (A) of section 2925.04 of the Revised Code , the court shall impose as a mandatory prison term a second degree felony mandatory

prison term that is not less than five years. (D) In addition to any prison term authorized by division (C) of this section and sections 2929.13 and 2929.14 of the Revised Code and in addition to any other sanction imposed for the offense under this section

or sections 2929.11 to 2929.18 of the Revised Code , if applicable, the court also shall do the following: (1) The court shall impose upon the offender the mandatory fine specified for the offense

under division (B)(1) of section 2929.18 of the Revised Code unless, as specified in that division, the court determines that the offender is

indigent.  The clerk of the court shall pay a mandatory fine or other fine imposed for a violation

of this section under division (A) of section 2929.18 of the Revised Code in accordance with and subject to the requirements of division (F) of section 2925.03 of the Revised Code .  The agency that receives the fine shall use the fine as specified in division (F) of section 2925.03 of the Revised Code .  If a person charged with a violation of this section posts bail and forfeits the

bail, the clerk shall pay the forfeited bail as if the forfeited bail were a fine

imposed for a violation of this section. (2) If the offender is a professionally licensed person or a person who has been admitted

to the bar by order of the supreme court in compliance with its prescribed and published

rules, the court shall comply with section 2925.38 of the Revised Code . (3) If the offender has a driver's or commercial driver's license or permit, section 2929.33 of the Revised Code applies. (E) Any offender who received a mandatory suspension of the offender's driver's or commercial

driver's license or permit under this section prior to September 13, 2016, may file

a motion with the sentencing court requesting the termination of the suspension.  However, an offender who pleaded guilty to or was convicted of a violation of section 4511.19 of the Revised Code or a substantially similar municipal ordinance or law of another state or the United

States that arose out of the same set of circumstances as the violation for which

the offender's license or permit was suspended under this section shall not file such

a motion. Upon the filing of a motion under division (E) of this section, the sentencing court,

in its discretion, may terminate the suspension.